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全周期服务 全链条保护
Xin Lang Cai Jing· 2026-02-01 19:22
转自:法治日报 □ 本报记者 王春 □ 本报通讯员 连琦琦 作为"温州模式"的重要发祥地,浙江省乐清市汇聚了25万余 户市场经营主体,民营企业数量占比超97%。 在这片创新创业的热土上,民营经济的脉动始终与城市 发展同频共振。 "法治是最好的营商环境。"2025年以来,乐清市人民法院紧扣生产、知产、破产三大 关键环节,扎实开展民营企业"三产"司法护航专项行动,共办结涉企案件12415件,执行到位金额42.4 亿元。以覆盖企业"全生命周期"的司法服务,持续优化法治化营商环境,为民营经济高质量发展注入强 劲司法动能。 助企业纾困解难 "什么叫无讼企业?""评上无讼企业有什么好处?"前不久,在乐清法院"无讼企业"工作的动员现场,多 家企业踊跃发问。 为从源头降低涉企纠纷数量,乐清法院自2023年起推行"无讼企业"创建活动,通过 常态化走访企业、开展"问需于企"专项普法活动、制发法律风险提示等,助力企业强化自检自治能力。 已累计走访企业193家,开展座谈11场,收集并回应企业问题71条。 与此同时,乐清法院引入商会力量 参与涉企纠纷化解,自2019年起,在各省市乐清商会设立共享法庭59家,持续擦亮"商事纠纷商会解"品 ...
学习规划建议每日问答丨如何理解依法有效盘活被查封冻结财产
Xin Hua Wang· 2025-12-16 05:20
Core Viewpoint - The integration of judicial enforcement and bankruptcy systems is essential for effectively revitalizing seized and frozen assets, addressing the challenges faced by creditors and debtors in the current legal framework [1][2]. Group 1: Judicial Enforcement and Bankruptcy Integration - The organic integration of judicial enforcement and bankruptcy systems can eliminate barriers between individual enforcement and comprehensive bankruptcy processes, facilitating early and effective rescue of debt-laden enterprises [2][3]. - Implementing bankruptcy procedures for enterprises in execution difficulties can help quickly resolve execution deadlocks, prevent the expansion of debts, and optimize resource allocation, leading to fair compensation for all stakeholders [2][3]. Group 2: Current Challenges and Solutions - Existing challenges in integrating judicial enforcement and bankruptcy systems include insufficient institutional supply, difficulties in initiating transfer procedures, and lack of coordination mechanisms between government and courts [3]. - The Supreme People's Court has been promoting practical explorations in "enforcement-bankruptcy integration," with some local courts achieving significant results, such as nearly 80% of new bankruptcy cases in a province originating from "enforcement to bankruptcy" transfers in 2024 [3]. - Future efforts should focus on strengthening mechanisms, optimizing trial resource allocation, and implementing targeted strategies for different types of enterprises, including timely liquidation of "zombie enterprises" and protection for viable distressed companies through restructuring [3].
“十五五”部署推动“执破衔接”,提高破产启动意愿仍是挑战| 解读“十五五”
Di Yi Cai Jing· 2025-11-24 12:06
Core Viewpoint - The integration of judicial enforcement and bankruptcy systems is essential for effectively revitalizing seized and frozen assets, as outlined in the "14th Five-Year Plan" [1][4]. Group 1: Judicial Mechanism and Bankruptcy Integration - The mechanism of integrating judicial enforcement with bankruptcy, known as "executive transfer to bankruptcy," has been in place since 2015 and aims to facilitate the transition of cases from enforcement to bankruptcy proceedings [3][4]. - The increase in court enforcement cases has led to a rise in enterprises facing asset seizures, resulting in significant economic resources being "frozen" and hindering market activity [2][5]. - The "executive transfer to bankruptcy" mechanism has faced challenges, including difficulties in initiating procedures and insufficient rescue functions for market entities [3][6]. Group 2: Challenges and Future Directions - There are several constraints to advancing the integration of judicial enforcement and bankruptcy, such as insufficient institutional supply and difficulties in initiating transfer procedures [6][8]. - The current bankruptcy system is perceived as harsh on debtors, leading to a lack of motivation for both creditors and debtors to initiate bankruptcy proceedings [7][9]. - Recent amendments to the bankruptcy law aim to encourage debtors to enter bankruptcy proceedings, but overall, the bankruptcy framework still requires optimization [9].